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Federal Act of December 19, 1986, on Unfair Competition, Switzerland

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Superseded Text  Go to latest Version in WIPO Lex
Year of Version 1988 Dates Entry into force: March 1, 1988 Adopted: December 19, 1986 Type of Text IP-related Laws Subject Matter Competition, Undisclosed Information (Trade Secrets), Enforcement of IP and Related Laws, Other Notes The notification by Switzerland to the WTO under Article 63.2 of TRIPS states:
'The law contains provisions on unfair practices, proceedings and penalties under civil and criminal law and provisional measures.

For provisions relating to intellectual property, see:
- Art. 3: Definition of unfair practices.
- Art. 3(d): Measures designed to give rise to confusion with merchandise, works services or activities of others are unfair.
- Art. 4: Incitement to infringe or terminate a contract.
- Art. 5: The illicit exploitation of the work of others is unfair.
- Art. 5(b): Exploitation of the results of the work of others, knowing that the results in question were obtained or made accessible by improper means.
- Art. 5(c):Appropriating the result of the work of others via the use of reproduction techniques and exploiting it as it stands, without any corresponding input, constitutes an unfair practice (exploitation of the work of others).
- Art. 6: Betrayal of industrial or business secrets.
- Art. 10(2c): Action by the Confederation to protect Switzerland's reputation when persons having the right to institute proceedings reside in foreign countries.
- Art. 15: Safeguarding of industrial or business secrets (in civil law proceedings).

N.B. The definition of industrial and business secrets has been developed by case law; it corresponds to that set out in Art. 39(1) of the TRIPS Agreement.'

Available Texts Main text(s) Main text(s) English Federal Act of December 19, 1986, on Unfair Competition PDF HTML
Legislation Is superseded by (8 text(s)) Is superseded by (8 text(s))
Federal Act of December 19, 1986, on Unfair Competition (status as of July 1, 2016) (CH358)
Federal Act of December 19, 1986, on Unfair Competition (status as of July 1, 2014) (CH304)
Federal Act of December 19, 1986, on Unfair Competition (status as of January 1, 2013) (CH292)
Federal Act of December 19, 1986, on Unfair Competition (status as of July 1, 2012) (CH226)
Federal Act of 19 December 19, 1986, on Unfair Competition (status as of April 1, 2007) (CH174)
Federal Act of December 19, 1986, on Unfair Competition (status as of June 20, 2006) (CH132)
Federal Act of December 19, 1986, on Unfair Competition (status as of December 10, 2002) (CH095)
Federal Act of December 19, 1986, on Unfair Competition (status as of January 1, 1996) (CH083)
WTO Document Reference
IP/N/1/CHE/U/1 (p.2-9)
WIPO Lex No. CH016